First Sofia Commodities EOOD and Paragh v Bulgaria - 14397/04 [2011] ECHR 322 (25 January 2011)

First Sofia Commodities EOOD and Paragh v Bulgaria - 14397/04 [2011] ECHR 322 (25 January 2011)

The impossibility for legal persons to claim damages under section 1(1) of the 1988 Act, as worded until the end of 2005, was a matter of substantive law and did not confer a civil right attracting Article 6 § 1 of the Convention. Legal persons had an alternative cause of action under section 49 of the 1951 Obligations and Contracts Act. The complaint was manifestly ill-founded and inadmissible.

Citation
[2011] ECHR 322
Parties
Applicant: First Sofia Commodities EOOD; Applicant: Karel Koes Hiranjgarbh Missier Paragh; Respondent: Bulgaria
Jurisdiction
European Union
Judgment Date
25 January 2011
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Access to Court, State Liability, Right to Effective Remedy, Property Rights, Procedural Admissibility
Human Rights Law Administrative Law Access to Court State Liability Right to Effective Remedy Property Rights Procedural Admissibility

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Parties

First Sofia Commodities EOOD

Applicant

Karel Koes Hiranjgarbh Missier Paragh

Applicant

Bulgaria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether the applicant company, as a legal person, had access to court to claim damages for unlawful interference with its business under Bulgarian law
  2. 2 Whether the impossibility to claim damages amounted to a violation of Article 6 § 1 of the Convention
  3. 3 Whether there was an effective remedy under Article 13 of the Convention

Ratio Decidendi

The impossibility for legal persons to claim damages under section 1(1) of the 1988 Act, as worded until the end of 2005, was a matter of substantive law and did not confer a civil right attracting Article 6 § 1 of the Convention. Legal persons had an alternative cause of action under section 49 of the 1951 Obligations and Contracts Act. The complaint was manifestly ill-founded and inadmissible.

Court Disposition

Application declared inadmissible